Domestic Workers Movement in Hong Kong

Hong Kong Federation of Asian Domestic Workers Unions (Affiliated to HKCTU)香港亞洲家務工工會聯會 (職工盟屬會)

Who are we?

● FADWU comprises of unions of local and migrant domestic workers with different nationalities (Thai, Chinese, Filipinos & Nepalis).

● Affiliated to HKCTU (Hong Kong Confederation of Trade Unions), an independent trade union organization in Hong Kong also affiliated to IDWF.

● We aim at organizing all domestic workers in solidarity to fight for our rights and collective bargaining power.

● Currently, FADWU has 5 affiliates with members from 4 nationality. Membership around 1200.

OUR Mission

● Organize all domestic workers in Federation

● Enhance protection and working condition of Domestic Workers in Hong Kong as well as in Asia region

Migrant Domestic Workers situation

● Over 350,000 Migrant Domestic Workers in Hong Kong

● Around 10,000 Local Domestic Workers

● From the Philippines, Indonesia, Thai and South Asian such as Nepal, India, Sri Lanka, Burma

Is HK A Better place for migrants?

● Some says HK is already the best place for Migrant Workers. Because we have:

● Standard employment contracts

● Covered by employment ordinance

“Modern Slavery”

Case : Erwiana Sulistyaningsih

● Suffering abuse at the hands of her employer while working as a domestic helper in Hong Kong

● Erwiana was physically abused for a period of 8 months

● She was made to sleep on the floor, work 21 hours per day, and was not permitted a day off.

● The case exposed by Indonesia Media

Action to support Erwiana

● 4,000 WORKERS RALLY TO HK GOV (MIGRANT AND LOCAL ORGANIZATIONS)

Workers Real Condition

● Long Working Hours all of us work for 16 hours per day or more

● Abusive work place

● Physical abuse and sexual harassment

● Immigration issue● Two weeks rule and live-in policy

● Agencies Exploitation● Illegal agency fees - Debt boundage

Agencies Exploitation● There is law to monitor on employment agencies in

Hong Kong

● Hong Kong: 10% of first month salary (around $441)

● Philippine: No placement fees 菲律賓：禁止收取中介費

● However, the laws are not implemented.

● Reality: $8000 – 15000

Our research on agency fee issue

Our research on agency fee issue

● We have a team of Workers researcher

● PLU Researcher team interviewed 68 Philippine workers in Hong Kong.

● Report launched at OCT 2016.

Our research on agency fee issue

● 84% of the Filipino migrant domestic workers interviewed paid an average of PHP52,644 (US$1,135) in fees.

● In addition, agencies in the Philippines frequently force experienced domestic workers to undergo unnecessary training in order to increase their profits.

● In Hong Kong, where employment agencies are only allowed to charge 10% of the domestic workers first month’s salary or HK$441 (US$56),

● the average paid by interviewees was HK$11,321 (US$1,459) or the equivalent of more than 25 times the legal limit.

Problem of the HK government

● Lack of supervision and Light punishment are the reasons for agencies not to obey the laws.

● The maximum penalty for violating the limit of agency charges in Employment Agency Ordinance is merely a fine of $50,000 and no imprisonment.

● Agencies found guilty at court only have to pay $9,000 and $30,000. Such light punishment cannot reflect the seriousness of the crime of forcing migrant domestic workers to work for loans.

Fighting against Agencies Exploitation

● We have won three court case against overcharging in 2016 to 2017.

Fighting against Agencies Exploitation

● The government promulgated “Code of Practice” in January 2017

● Policy change to strengthen monitoring of agencies

● Adopted a majority of advice by the union.

Fighting against Agencies Exploitation

● An amendment of the “Employment Agency Regulation”, proposing an increment of penalty against charging illegal agency fees, is on the process in LegCo.

● Maximum fine is HK$50,000 to a maximum fine of HK$350,000 and 3 years sentence in prison.

Fighting against Agencies Exploitation

● The union participated in LegCo public hearing to put forward our demands.

● Case period is extended from 6 months to 1 year beacause of FADWU

Two weeks rule and live-in policy

● Two weeks rule and live-in policy are two policies discriminate against migrant workers.

● Migrant Domestic Workers are forced to live with their employer, Workers has no place to go while they are forced to live in the workplace, and it makes more chance for them to be abused in a private household.

● The two weeks rule required MDWs to leave Hong Kong beyond termination of contract. regardless of whether the contract is terminated by the employer or the foreign domestic worker.

● The mandatory live-in policy is currently under challenge at the High court, on the basis of potential violation of the Immigration Ordinance, the Bill of Rights, and Basic Law.

● Two weeks rule and live-in policy discouraged workers to file complaints against exploitative employers or agencies as they cannot earn a living here in Hong Kong.

Long working hours and low wages

● According to our research, most domestic workers work 12-16 hours a day.

● In January 2017, the Standard Working Hours Committee (SWHC) submitted a report to the government with a scheme excluding the domestic workers.

● MDWs are excluded in rights entitled in Employment

Ordinance including the legal minimum wage and explicitly excluded in contract working hours in the standardemployment contract.

Working condition

● UNDW sister have done a survey on working condition of Nepalese domestic workers in Hong Kong

● Survey shows that 44.8% Nepalese domestic workers in Hong Kong are underpaid.

● with the lowest paid interviewee got $1,700 monthly wage

Employers Education：MY FAIR HOME

● To educate Employers about their responsibility, we launch global campaign with IDWF: MY FAIR HOME

● We launch a booklet for employer to follow

● Organize talks to employers

● Encourage employers to fight against bad agencies with workers.

Lawmaker supporting : MY FAIR HOME

●After publishing the report “Between a rock and a hard place”, the union rushed to meet with Legislators to lobby their support of the issue and ensure the voice of union can be heard in the LegCo, in an attempt to push the movement forward in the LegCo from beyond.

●They all agreed that we can no longer tolerate the exploitation of domestic workers by employment agencies and signed the“My Fair Home”Charter to support domestic workers’ resistance against unscrupulous agencies.

●In the Panel on Manpower meeting on February 2017, they voiced for the domestic workers and assisted the union to question the government and followed up the request by the union.

Mayday rally

Domestic workers Day

Migrant workers day

We organize. We fight. We win.